A. In the event that the installation of an antenna, telecommunications or radio equipment, transmission lines or other equipment which is not owned by the village (the "equipment") is attached to a water tower owned by the village, has caused rust, corrosion, deterioration, paint coating system delamination or failure, to such water tower, the owner of such equipment (the "equipment owner") shall remove its equipment attached to the village water tower, at the equipment owner's sole cost, upon thirty (30) days' written notice from the village to the equipment owner to enable the village to access and inspect the portion of the village's water tower affected by such rust, corrosion, deterioration, paint coating system delamination or failure, and to determine if any other portion of the village water tower for which it may not have had access because of the presence of the equipment has also been adversely affected by rust, corrosion, deterioration, paint coating system delamination or failure, caused by the equipment. Such written notice by the village to the equipment owner shall specify the date and subsequent interval of time during which the equipment shall be removed from such water tower owned by the village and for which the equipment shall remain removed from the village water tower but which shall not exceed a one hundred a d twenty (120) day interval. Time shall be of the essence relative to such requested removal of the equipment. Beginning on the date and during the subsequent interval during which the equipment has been removed from the water tower owned by the village, the village may cause any rust, corrosion, deterioration, paint coating system delamination or failure in or upon the water tower owned by the village to be repaired, restored, resurfaced or painted.
B. In the event that the equipment owner undertakes to remove its equipment on the village water tower prior to the date designated by the village in the written notice to the equipment owner to remove the equipment from the village water tower, any such action by the equipment owner shall not relieve the equipment owner of the obligation to remove its equipment from the water tower owned by the village on the designated date and during the interval of time set forth in the notice sent from the village to the equipment owner requesting such removal of the equipment from the village water tower. If the equipment owner does not remove the equipment after being notified to do so, on or after the date designated by the village, the village may remove the equipment from the water tower owned by the village and the village shall be reimbursed by the equipment owner for the cost incurred in removing the equipment.
C. The equipment may be re-installed to the village water tower by the equipment owner at the equipment owner's sole cost no later than one hundred and twenty (120) days after the date designated for its removal and after the village has had an opportunity to inspect the village water tower for any corrosion, rust, deterioration, paint coating system delamination or failure, as the case may be, and to enable the village water tower to be maintained, repaired, repainted, treated or resurfaced or painted. The equipment owner shall prepare and submit plans to the village identifying alternative equipment installation methods so as to mitigate any further damage to the water tower owned by the village in the future. The equipment owner shall reimburse the village for the cost of repairing, restoring, resurfacing and any painting of such portion of the village water tower for which its equipment has caused rust, corrosion, deterioration, paint coating system delamination or failure.
D. Notwithstanding any other village ordinance which may be to the contrary or provide otherwise, each day for which the equipment is not removed after the village has sent notice to the equipment owner to remove its equipment from the village's water tower, commencing upon the date designated by the village for the removal of the equipment, shall constitute a separate violation punishable by a fine of one thousand dollars ($1,000) per day for each day that the equipment is not removed from the village water tower plus the village's reasonable attorney's fees and costs incurred by the village in prosecuting any such action. In the event there is any inconsistency between this provision and any provision of the village ordinance, the provision in this section shall control, govern and prevail.
E. Notwithstanding any other village ordinance which may be to the contrary or provide otherwise, each day for which the equipment is re-attached or reinstalled after the village has sent notice to the equipment owner to remove its equipment from the village's water tower, commencing upon the date designated by the village for the removal of the equipment, and for the subsequent interval of time for which the village has requested that the equipment remain removed from the water tower owned by the village, shall constitute a separate violation punishable by a fine of one thousand dollars ($1,000) per day for each day for which the equipment is re-attached or re-installed upon the water tower owned by the village, beginning with the date designated by the village for the equipment's removal, and during the subsequent interval of time during which such equipment is to remain removed from the water tower owned by the village. (Ord. 2021-27, 9-13-2021)